Harris v. State
| Decision Date | 25 April 1989 |
| Docket Number | No. A89A0253,A89A0253 |
| Citation | 381 S.E.2d 602,191 Ga.App. 399 |
| Parties | HARRIS v. The STATE. |
| Court | Georgia Court of Appeals |
John J. Martin, Jr., for appellant.
Robert F. Mumford, Dist. Atty., for appellee.
Defendant appeals his conviction for burglary, arguing that certain statements made by witnesses for the prosecution improperly placed his character into evidence.
A police officer testified that she obtained a photograph of defendant, for a photographic lineup shown to the victim, from the Atlanta Police Department's identification section. Introduction into evidence of a "mug shot" photograph of a defendant bearing notations which indicate a prior arrest "is the equivalent of oral testimony establishing [defendant's] arrest for a prior crime and would therefore impermissibly place his character in evidence." Roundtree v. State, 181 Ga.App. 594, 353 S.E.2d 88 (1987). However, a mere reference to the fact that defendant's photograph was already in police records, without more, does not inject the defendant's character into evidence. Woodard v. State, 234 Ga. 901(2), 218 S.E.2d 629 (1975); Woodard v. State, 155 Ga.App. 533(1), 271 S.E.2d 671 (1980).
During questioning concerning the circumstances of defendant's arrest, the officer made a non-responsive statement that he noted on his arrest report the strong odor of alcohol on defendant's breath. The court denied defendant's motion for mistrial, but gave curative instructions to the jury to disregard the statement. A non-responsive reference by an officer-witness to criminal conduct of the defendant may be so prejudicial as to require mistrial. See Boyd v. State, 146 Ga.App. 359(2), 246 S.E.2d 396 (1978). However, the fact that defendant had alcohol on his breath is not a reference to criminal conduct. The decision of whether a non-responsive prejudicial statement by a police officer at trial is so prejudicial as to warrant a mistrial is left to the discretion of the trial court and the court's denial of a motion for mistrial will be overturned only if the trial court abused its discretion. Sabel v. State, 250 Ga. 640(5), 300 S.E.2d 663 (1983). An objectionable non-responsive statement by a police officer at trial does not require the granting of a mistrial where, as here, there was strong evidence to support the conviction and where the trial court gave curative instructions. Id.
Judgment affirmed.
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Garner v. State
...the State did not elicit the statement and the comment was heard by the jury only once or no more than twice); Harris v. State , 191 Ga. App. 399, 399, 381 S.E.2d 602 (1989) (holding that a mere reference to the fact that the defendant’s photograph was already in police records, without mor......
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Thomas v. State, A13A0308.
...photograph was already in police records, without more, does not inject the defendant's character into evidence.” Harris v. State, 191 Ga.App. 399, 381 S.E.2d 602 (1989). See also Williams v. State, 275 Ga. 622, 623(2), 571 S.E.2d 385 (2002) (had defendant argued that his character was plac......
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Williams v. State
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Washington v. State
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